Filing an appeal
You can file an appeal with the Board of Appeal for Examinations (College van Beroep voor de Examens/CBE) if you disagree with a written decision taken by, for example, the Board of Examiners or an examiner from your faculty. You can only file appeal if you are directly impacted by the decision. You can also file an appeal if a body of the UM refuses to take a decision.
It is recommended to, prior to lodging an appeal – and thus starting an official legal procedure – inform yourself on and follow the faculty specific procedures.
Faculty specific information concerning the inspection and complaint procedure (first login with your UM account)
If you do not agree with the result, as a first step, please attend the organised exam/test inspection where you can submit a comment that could lead to a re-assessment due to a manifest error in the grading. In case there is no organised exam/test inspection or in case of any other type of decision, please contact the examiner.
If after inspection and/or contact with the examiner, you still disagree with the result or decision made, you can file an appeal at the Board of Appeal (CBE) within six weeks of the date of the publication of the final result. This appeal procedure entails the scheduling of a meeting in which amicable settlements can be discussed.
Please note that neither the Board of Examiners nor the Board of Appeal is competent to discuss the content of the exam. Both panels will discuss whether the examiner could reasonably have set the question and could reasonably have come to the disputed result or decision.
You may find information on existing procedures, e.g. organised exam/test inspections and how to contact examiners/ teachers on your faculty’s intranet.
Against which decisions can you file an appeal?
The competence of the CBE is based on article 7.61 of the Dutch Higher education and scientific research Act (Wet op het hoger onderwijs en wetenschappelijk onderzoek/WHW). This means you can file an appeal against decisions such as:
- A decision of the Board of Examiners of a faculty or an examiner (e.g. a decision regarding the result of an exam, the refusal of a request for an exemption or the refusal of the request for an extra exam opportunity).
- A decision regarding the admittance to exams, the application to a master or regarding further educational requirements of a bachelor.
- A decision regarding the binding study advice (BSA).
A decision regarding the result of a Colloquium Doctum.
Please note, that in principle, only final grades are open for appeal, grades for an assessment component only in so far as they directly affect the final grade (e.g. an assessment component that is a prerequisite to be allowed to sit the other component).
How and where to file an appeal
You can file an appeal with the Complaints Service Point (CSP). The CSP forwards your objection to the CBE. The CBE assesses appeals substantially. Please note: you need to file an appeal within six weeks after the day that the contested decision has been published. The term starts the day after the decision has been published or has been send to you. If you do not file your appeal on time, there is a chance the CBE will decide it is inadmissible. This means you forfeit your right to file an appeal!
An appeal is considered to have been made on time if it is received by the CSP before the six week period has expired. This is in accordance with Dutch law (article 6:9 paragraph 1 of the Dutch general administrative law Act). You can read more on the deadlines that apply when filing an appeal here.
When you wish to file an appeal, we ask you to fill out the appeal form, provide your motivation for filing an appeal – the grounds for your appeal – and attach a copy or screenshot of the contested decision.
You can find an example of a motivation for filing an objection in the document below:
Appeal ground(s)
Your appeal needs to be based on legal grounds. This means you need to prove that the contested decision breaches the law (article 7.61 paragraph 2 WHW). Examples of this are:
- A decision violates a general binding regulation, e.g. the Education- and Examregulation (EER) or other UM rules and regulations;
- The decision implicates the abuse of power or unreasonable decision-making.
- The decision infringes or violates a general principle of sound administration, for example the principle of legitimate expectations (the Board of Examiners does not adhere to a certain pledge) or the obligation to state reasons (the decision is based on untruthful information or it lacks a sound reasoning).
Naturally, you need to explain and argue these appeal grounds in your notice of appeal!
What to expect from an appeal procedure?
Once you have filed an appeal with Maastricht University (UM), you have started an official legal procedure, to which (parts of) the Dutch General administrative law Act (Algemene wet bestuursrecht) is applicable. The procedure will proceed as follows:
Acknowledgement of receipt
Once you have submitted your appeal, the CSP will send you an acknowledgment of receipt by email as soon as possible. The CSP will then forward your appeal to the CBE. You receive a separate confirmation of receipt by email from the CBE.
Pro forma appeal
It is important to file your appeal on time and do not let the six weeks deadline expire. In case you find yourself unable to file the appeal on time or in case you are still waiting for answers to your questions, it is possible to file a pro forma notice of appeal with the CSP. This means that you announce your intention to file an appeal, but refrain from providing the grounds for your appeal. After the CBE has received your pro forma appeal, they will determine the timeframe within which you have to provide the grounds nonetheless.
Attempt for amicable settlement
The CBE will begin by sending your appeal to the relevant UM body that made the decision you are appealing. The CBE will ask that body to consider, within a reasonable time, whether the appeal warrants a reconsideration of its decision or a possible amicable settlement. It is likely that the relevant body will contact you by email or phone to discuss your appeal and the contested decision. The outcome of this enquiry may also be that no amicable settlement is reached, but that after discussion you no longer wish to proceed with the appeal. In this case, you can withdraw the by sending a notice of withdrawal to the CBE.
Hearing
If an amicable settlement is not reached within the time limit, you will receive an email from the CBE inviting you for a hearing. Before the hearing, the CBE will also send you the written response from the relevant UM body who has replied on your letter of appeal. This way, you are able to prepare for the hearing and reply to their arguments during the hearing. During the hearing, the representatives of the relevant UM body will also be invited. You have the right to be represtented by a lawyer or to authorise somebody else to represent you on your behalf in your case (but you are not obliged to do so). You may also bring witnesses and/or experts.
A hearing will not be held if your appeal is obviously inadmissible or obviously unfounded, or if neither party wishes to exercise their right to a hearing.
Judgment/Decision
The CBE will make a decision within sixteen weeks from the day after the CBE receives your appeal. The decision is based on the documents submitted and the arguments presented during the hearing. Possible judgments are:
- The appeal is not admissible: as a consequence of procedural defaults (e.g. submitting an appeal after the legal term for submitting an appeal has passed without a reasonable ground). The CBE will not assess the objection substantially in this case.
- The appeal is unfounded: the contested decision stands.
- The appeal is founded: the contested decision is (partly) voidable and the responsible UM body is required to take a new decision, taking into account the judgement of the CBE.
Please note: The CBE does not have the competence to (partly) replace the contested decision with a new decision that they have taken themselves. This means that they do not have the competency to assess an exam substantially or change a grade or result themselves. They merely make a marginal assessment and check if the body or person concerned has reasonably, without violating any laws or regulations, taken the contested decision.
Competence
The competence of the CBE is based on articles 7.60 up to and including article 7.62 of the WHW. You can also read more about the competences of the CBE in chapter 9 of the Student Charter.
The rules governing appeals to the CBE are set out in the Rules of Procedure of the Board of Appeal for the Examination.
Temporary injunction
Lodging an appeal does not mean that the implementation of the contested decision is suspended. Sometimes itmeans that a decision by the CBE within a short time is essential, as the absence of such decision may have irreparable consequences for you. In this case, you may request for a temporary injunction. This means that you will have to prove that a speedy judgement by the CBE is absolutely necessary in your case. For example, if you are facing serious study delay or other serious harm without a decision. A temporary injunction is an urgent procedure that is separate from the assessment of the merits of your appeal. The chair of the CBE will invite both parties to a hearing and will make a decision as soon as possible. This temporary injunction will be set aside once the CBE has taken a decision on the merits of the case.
Timeframe of the appeal procedure
The CBE’s decision on your appeal will, in principle, be taken within ten weeks after the term for lodging your appeal has passed (Article 7.60 paragraph 4 WHW and Article 20 of the Rules of Procedure of the Board of Appeal for the Examinations).
Higher appeal
You can appeal against the decision of the Board of Appeal to the Administrative Jurisdiction Division of the Council of State in The Hague. The deadline is six weeks after the decision of the Board of Appeal and there are costs associated with this procedure. More information and contact details can be found on the website of the Council of State: www.raadvanstate.nl/studentenzaken
Complaints Service Point
You can send your appeal via email to: complaintsservice@maastrichtuniversity.nl
Via post to:
Maastricht University
Student Service Centre (SSC)
Attn. Complaints Service Point (CSP)
Postbus 616
6200 MD Maastricht
Deliver to the SSC on site:
Information desk Visitor’s Centre
Bonnefantenstraat 2
6211 KL Maastricht
Monday - Friday. from 8.30 until 18.00 hours
Please write clearly on the envelope: attn. Complaints Service Point (CSP)
Student Deans
For questions regarding your legal position as a student or about submitting an objection, appeal or complaint you can contact the UM Studenten Deans via: studentendecanen@maastrichtuniversity.nl
Read more
Rules of Procedure Maastricht University Complaints Service Point
Board of Appeal for the Examinations Rules of Procedure
Student Charter
Maastricht University Regulations
Dutch higher education and scientific research act